RUNAWAFTRAM
INQUEST ON THE VICTIMS d 6 HIE CONDUCTOR IN THE BOX i e CLASHES BETWEEN COUNSEL ' t v. —— t Tho inquest on the victims of the Pirie Street disaster, caused by car 105 getting < out of control on Saturday, January b. was continued yesterday morning before , Mr. P. L. Hollings, S.M. The deceased were Joseph Small, motorman, James [ Evans, returned soldier, employed as a f clerk in Baso Records Office, and Jame3 Alfred M'Ewen, carpenter. Inspector j M'llveney conducted the inquiry.on be- f half of tho police, Mr.. M. Myers ap- '< pea red for the widows o£ James Evans and James Alfred M'Ewen, Mr T. Neave ( for the widow of the deceased motorman. ( Mr. J. O'Shea for the City Council, and Mr. J. Hutchison for the Tramways | Union. Tho wholo of the day was taken, up with the examination of Frederick | Ernest Quayle, tram conductor, aged 22 ( years, residing at Lyall Bay, who was conductor on car No. 105. Witness said . that he joined the service one month' before the accident which was the subject of the inquiry. By profession he was a ', motor-car driver, and lie was a returned ' foldier, having enlisted on February 15, , 11115. lie was discharged from the Army ] on October 22, 1017, having seen serv'ce | on Gallipoli and in France. He had ( never been wounded, nor had he suffered ( from shell-shock. He was under the doc- < tors at the front for enteric'fever, and , was invalided home'on account of pleuisy. Subsequently lie was discharged on account of illness contracted! on active . service. Prior to joining; the tramways, he had been employed diving a. motor- , lorry for the Farmers' /Dairy Union at Pnlfnerston .North. His health during . that time had been perfect. At no period ' had ho suffered from any nervous com- ~ plaint. Prior to joining the tramway service, he was examined by Dr. M'Evedy ■ and pronounced medically fit. Four days after joining he. was placed in charge of a car as conductor. Ho had had no previous experience as a conductor. He < had received training in tho duties of a conductor on different runs in Welling- j ton. Witness described the nature of hir training, which included'' the ' issue of i tickets, and learning how to manipulate the hand-brake ah the" rear of the car. He also.received instructions that in case ■ of emergency he was to apply the handbrake at the rear of the car. Beyond this he received no further instructions. Tho man who instructed him was a first- i class conductor. Tho instructor took him out on different runs for eight hours in i each of four days. The instructor was | also employed as a conductor on a tram at the same time. . The' extent of his | instruction was really to nccomn.iny a conductor, observe what he did. and listen to what he said. Before being placed in charge of a-car, witness had to pass an examination conducted by one nf the : inspectors regarding the issue of tickets : and what, to do in the case of emergency. Conductor Quayle's Training, . The Inspector: Were you taken out on . a car by an inspector to fee if you knew how to apply tho knowledge you had , obtained?—" No." Then on the fifth day after joining tho , service you were placed on duty?— . "Yes." Witness added thnt-ho had been on the Kilbirnie and Lyall Bay run ever since he joined the service. The only instruction he got as to what to do in the case of emergency was to. apply the hand-brake. Have you ever received any instruction in .the manipulation of the a'ir-brake and the magnetic-brake?—" Only on a couple of occasions, when I asked the motorman to show me how they worked." Then, in case of emergency, if you wero in front of the car, would you know how to operate the brakes ?—"Yes." Witness then described how ho would operate tho magnetic and tho air-brake if called upon to do so. Assuming an emergency took placo on a steep incline, and' he was in the rear of the car, he would consider that his duty was to apply the 'brakes in the front of the car, if possible. Assuming he fotind tho motorman lying down and the car was proceeding down a hill, ho would first see' to the motiJrman. I take it you have not been instructed on this point?—" No." If you were at the Tear of the car, what would you conceive to be your duty? -"Apply the hand-brake, that is. if I had not time to go to the front." He added that the rule was that the conductor should keop to tho rear platform when not engaged collecting fares. Is there any rule forbidding you to go on the front platform of the car?—"! think it is a rule, but in air: case I was' instructed not to do> so." " ~ Do you know any reason for such an instruction ?-"No. I was never instructed to go on the) front platform." Could you have done so if you wished ? —"I suppose so." Witness further agreed that the presence of conductors or) tho platforms in descending hills would make them available to render assistance in case of emergency. As regards the incline down from the Kilbirnie tunnel, the conductor might be prevented from pressure of the work of collecting i'arps fiom joining the motorman on the' platform if ho so desired. If'the car had slackened down to make a compulsory stop, and there was nobody to set down or take up, and he (witness), as conductor, sounded two .bells, the nibtovman would, from his point of view, be justified in not bringing the car to a standstill. " Conductor's Version of Accident. Coming to the day of the accident, wit ; ness said he signed on duty at 2.1G p.rn! On going on duty he. took charge of car 105, and the motorman of that car was the late Joseph Small. The allocated run was to Lyall Bay and back. During the afternoon lie conversed with the mctorman on different occasions, and the latter's state of health appeared to be all right. He made no complaint to witness. Tho trafflo was noli so heavy as the previous two days. Thero was no increase in the number of trips scheduled for the day. The strain on him (witness) was just about the same ns the two previous days, and he did not'find it affect his health. Witness continued that he had partaken of a mid-day meal before going on duty, and had he Wished ho could have had a "snack" while on duty during slack periods. The motorman made no coniplaint during the afternoon about feeling the. effect of the strain, or about having a headache. On the trip to tho. city the car left Lyall Bay at 5.6 p.m. On that journey witness didl not speak to the motorman. They had 35 passengers when they left the I bay, and about 27 when they were coming ! through the tunnel. Approximately close on 50 passengers could travel on the car, wh'ch was only about half full. The weather was not very warm. Inspector M'llveney: Did vou notico anything exceptional occur while coming through the tunnel ?—"Nothing whatever." What took place as the. car came through the tunnel.'I—"Nothing."1—"Nothing." When the car was about to emerge from the tunnel did you notice anything then?—" No." What was the first tiling you noticed after the car left tho tunnel?—"lt started to slacken." That was a perfectly proper and ordinary experience ?—"Yes.' A Question of Memory. Is your memory perfectly clear?—" Absolutely." Did the car stop at that compulsory stop at the city end of the tunnel?— "Certainly it did." Have you at. any time had any doubt aboii t th.it ?~"No." The Coroner: Mrs. Evans and ter daughter both say the car did not stop.— "I' say that they aro absolutely incorrect." Witness said that in the statement he made to Detective-Sergeant Andrews about tho car not stopping, he referred to the Austin Street 6top. At tho compulsory stopping-plnco outside the tunnel the motorman must have been in lis normal condition and controlling tho brakes. A man and a little girl got out at that stop. Witness gave" two bells to start fr6m the compulsory stop and they were immediately acted upon. Therefore the motorman must havo boon all Tight when you commenced tho descent of the incline?—" Yea." _ Did anyono join tho car at this stop?— "No,"
Thero was nothing to tako yon to tho ironi of the car?—" No." ' Therefore you remained at tho rear of the car?—" Yes." i In what position?—"l took down tho l irallet and the running-sheet, to mark fcwn the numbers of the tickets of the I ioctioi)3 I had 'already crossed." < Tho speed?—"lt was not very fast." s Anything out.of the ordinnry?—"No" Witness continued that the car slack- I sned at the second stopping placo at I Austin Street/ Why did it not stop?—"l gave a bell I to go on. It had slackened practically to a standstill. I gave two bells to go on." I Which is correct, "ono" or "two"?— "Two bells." I Why?—"No one was waiting to get , on." How • did you know?—"l looked out : from the left-hand side of the car to i satisfy myself." In iooking forward that way you would i havo n clear view down Pirio Street and: tho intersection of Austin Street?— "Yes." Have you any haziness about the events lip to this particular stage?— "Xo." ' "You saw no' One making for the tram ?—"No, I did not." i Up to this point, you had not seen anything wrong in the car?—" Nothing whatsoever." What was the first indication you had? —"One of the service caps falling off." That must have been after you passed Austin Street ?-"Yes, about 20 or JO yards." ■■ Immediately unon seeing that hat fall witness said he thought that some other nersou in the tramway, service might have stepped on the car. He was then on the rear platform, and he looked through to where the motorman was. The car was just then beginning to gather a little speed. Did you see him?—" No." _ j( Ordinarily you should havo seen him? —"Not necessarily." Why?—"l could not see him through the door." Whv did you look for him if you knew you could not see him?—" Well, I might have been able to see him if he were standing at the side." Are you sure you looked for him?— "Yes."' His First Apprehensions. What did you do then?—"l gave him one bell." What result?—"Ho (the. motorman) made no response." That one bell 6hould have caused him to stop?—" Yes." Was the car pulled up?—" No." Did you notice anything extraordinary ? —"1 looked around and saw the hat had blown up the hill and I gave the fivo bells emergency stop." Any response?—"No, there was no iesponse." s Why did you bother about the hat? I suggest that the proper course was to give him five bells righ l . .away.—"We had not got properly started when I gave him one bell and then five bells." Why did you givo him fivo bells if nothing' extraordinary had happened?— "Well, the cur had picked up speed. She had passed Ellice Avenue when I gave five bells. The car seemed at that moment to have jumped forward." Did you not observe any movement on tho part of the passengers ?—"Not then." When yon got no response to the fivo bells what did you do?—"I then noticed that 6ome woman in the front compartment jumped up and waved." He added that he saw someone beckon to him. Ho only noticed one woman beckoning. This was after the car gave a jump ahead. Whatever caused the jump it must have happened before tho woman beckoned?— "Yes." You are not confused at all?—" No." What action did you take then?—"l took a glance ns to where wo were." Were you in a perfectly normal condition tlicii-?-"Yes." Quite cool ?—"Yes." You appreciate the purport of your statements ?—"Yes." Did you take any further action?— "The car had a terrific lot of pace on and I applied the hand-brake at the rear end of the car." Witness added that the car was well out of control then. The car had gathered up speed in a very short distance. After applying the hand-brake ho endeavoured to dislodge the trolley pole. Brake Not Effective. . The Coroner: Did tho hnnd-brako act? Mr. O'Shea: Why, the car overturned, 6ir! The Coroner: But did it cause the car to alow 'down? Witness: No, sir. Witness continued that he had had instructions to x remove the trolley polo in case of emergency. Ho did not know whether anyone had gono to tho assistance of the motorman, as his (witness's) back was turned. From the place at which he applied the brake to where the car subsequently left" the line was approximately 80 yards At this stage tho luncheon adjournment was taken. On the Court resuming, witness said that he had his back to tho front of the car all tho time from tho time ho took hold of the brake till the smash came. When the car left the lines he was still holding tho wheel. When the car overturned he wag cast out, sustaining various slight injuries. After the smash ho spoke to the deceased Evans, who was then conscious, and pinned under the car, and endeavoured to cheer him up. Witness then set about getting some jacks, driving a motor-lorry up to the tunnel for the purpose of securing these. On finding that tho jacks were kept at tho other end of the tunnel ho drove back to the seeno of the accident. Witness said that he was a permanent conductor. You heard Mrs. Evans ring tho bell ?— "No, there was no response my end of the car." So • far as you are concerned, it was j only the ringing of the bell at the back i that would be heard?—"Yes,\.lhat it so." | Yon are still of the opinion that your i memory, is perfectly clear?—" Yes." Have you been present throughout tho whole of this inquiry?—" Yes." Did you hear the evidence of the witness Boyle that the motormnn's cap fell from the car 01 paces from the tunnel? -"Yes." > Did you hear tho witness Cooper say that he saw tho cap fall, and that his car was only a few lengths behind car 105 at the time and travelling, very slowly ?—"Yes." And that the can was picked up and in his possession before car 105 had reached Austin Street?—" Yes." How can you explain the evidence you have given to-day, when, you bear in mind the testimony of these two witnesses?—"l have no explanation of that at all." Do yon still adhere to your statement? —-"Yes." Counsels' Opening Brush. At this stage, 'Mr. O'Shea interjected with a remark that about eight different persons were watching the accident, and experience went to show that in a case such as this every person differed as to facts, and the only case whore there was absolute agreement between two persons—as in the case of Mrs. Evans and her daughter—it would usually be found that these two persons had talked the incident over. Mr. Myers protested warmly. "The suggestion my friend has iust made," ho remarked, "is not one that should bo made in tho circumstances such as wo are now inquiring into. I think it is a rogrcttahle statement to be mado by a counsel for the City Corporation." Mr. O'Shea: I did not mean it offensively. I merely meant to suggest tho probability of mother and daughter talkmi: it over. The Coroner: "I don't think Mr. O'Shea meant it offensively. What he suggests is most likely." His Worship added that there was doubtless. bound to be a certain amount of panic at the time, which might cause some conduction in the evidence. The incidenf then closed. Mr. Myers Stalin? that he accented his learned friend's explanation. Tim Inspector: T) 0 you remember the testimony of Emerson that you wore standing' at the hack with vonr arms folded?—"l remember, but I was not standing with-my arms folded." What happened to your wallet that was lost on the road? Has it been returned to you?—" No." i Not to bo Divulged. After further evidence by' witness, Mr. O'Shea said he wag prepared to show to i the .Coroner tho statement of the witness to the tramway officials on tho understanding that it was not divulged to tho Court.
Tho Coroner: Any statement handed to me must bo divulged. Mr. O'Shea rejoined that the statement was included in his brief, and he could not be expected-.to niiilce his brief public. Mr. Myers: I should think the City Council would bo only too glad to place every facility in the way of those representing tho relatives of tho' deceased. 1 The Coroner: I am quite suro that tho corporation will give every facility to the Court. Mr. O'Shca: Does Mr. Myers suggest that ho shonld_ seo my brief? , 'Mr. Myers: No. Mr. O'Shea: Then ho is not entitled j to make the observation he did. c Tho Inspector (to the witness): Was \ the statement made to Detective-Serger..-;: c Andrews concerning the speed going down <j Pirie Street true?—"Tho statement was ] not signed by me, and ft was not read j over to mc. I told Mr. Andrews that j the tram stopped at the tunnel and ] slackened. down at Austin Street. If t there were inaccuracies in Mr. Andrews's c report it was Mr. Andrews who was. at t 'fault, and not my memory." j Did you make these statements to Mr. c Andrews?—"l may have made them, but 1 they are not all correct." c Witness was then cross-examined at j some length* by Mr. Myers. ■ ( For the first fortnight if an accident f had occurred, you would have known nothing about an air-brake, or magneticbrake at nil?—"Yos. that •>. so." You were pent on that car as conductor by the officers of the corporal inn without any instrncti', I '' a a I'" the use of these two brakes?—" Yes, that is so," Rules v. Public Safety, Witness continued that so far as he could remember, the book of rules stipulated that a conductor's place was ou the back of tiie car after His fares were collected. Counsel suggested to witness that what the hook really said was that a conductor was not to ride in conversation with the motorman. Witness adhered to his previous statement. Mr. O'Shea, at this juncture, produced a book of rules, and a sharp passage-at-arms' took place between him and Mr. Myers regarding which rule was referred to. Mr. O'Shea subsequently slid that both rules quoted would be found in the book. While Superintendent M'Gillivrajwas diligently searching the rule book the proceedings wero suspended, which caused Mr. Myers to remark, with eome acerbity: "Apparently oven the superior officer'of the tramways takes some time to find tho rule!" Tho Coroner took opportunity to observo that ho had seen passengers in front of the car with tho motorman. If the conductor were not allowed there, why were passengers there? •Mr. O'Shca rejoined that passengers were not allowed there except in joining or emitting cars. Counsel then quoted R'ule 58, in which'conductor? were strictly forbidden from riding on the front platform in conversation with the I motormen, and Rule 104, which was an absolute prohibition of a conductor boing on the front platform at all. Tho Coroner: I should think that public safety is of nioro importance than collecting fares. Mr. O'Shea: This rule is expressly made for jiublfc safety. Mr. Myers: Did you see any of the tramway officials to-day?—"l had lunch with one of the inspectors." Did any conversation take place regarding this inquiry?—" Not a word." Witness continued that he had had no experience with any of the brakes except tho hand-brake, when tho car was in motionCorporation's Attitude Resented. Counsel questioned witness closoly regarding tho course of instruction he rewived, and in tho course of this ho mado certain observations regarding tho rules. Mr. O'Shea (withermgly): Well, I think we should get Mr. Myers to run the tTams. Mr. Myers: Well, I think that they would be quite as well run as they are now. Tho Coroner: We will probably have some rules as tho result of this inquiry. Mr. O'Shea (with emphasis on the word "may"): AVe may have, sir. : There have been similar inquiries in Now Zealand- i interruption on the part of Mr. O'Shea led to another protest from Mr. Myers. "Is this the way," he asked, "to conduct such an inquiry? We are trying 1 to get tj tho bottom of things, nnd here we have an officer of the corporation placing all 6orts of obstacles in our way, raising all sorts of questions that he has no right to. lam astonished. lam nioro than astonished—l am surprised." Mr. O'Shea rejoined that lie was surprised thar a counsel of Mr. Myers's experience should ask a witnass whether ho saw two women and a baby in a car which contained 20 to 30 people. How. could the conductor be expected to remember every infinitestinial detail? Mr. Myers hotly ejaculated that he knew just as much about conducting a case as Mr. O'Shea did; \nd; further, that it was of the utmost importance that the representatives cjf the dependants of the unfortunate victims of the disaster should be afforded every facility of obtaining all information and of liavine the whole matter thrashed out. The Coroner: "At all inquests my invariable rule is to qive relatives of the • deceased everv facility to obtain information." This was>, he added, often their only opportunity to get this information. An Imputation Refuted. Mr. Myers then continued his crossexamination of witness. . At what stage in the trip down tho hill did it first occur to yon that anything was wrong?—" Not till the timo it gave a jump forward." • Did you seo the lady who was in Ans--1 tin Street,,and was said to be waiting?— l"No." j Did yon see Mrs. Avery or tho boy Johnson in the street?—" No." ' Did you hear Mrs. Avery scream?— "No." Yon did see a lady on tho car beckoning to your—"Yes; at the time I saw her beckoning to mo I had como to tho conclusion myself that something was wrong. I had just finished ringing tho bell. I was certainly not standing with my arm 3 folded." Mrs. Evans is quite wrong when she says that this was your attitude?— "Yes." The Coroner: Why did you not go forward to see what tho lady wanted?—"l realised then that it was too Injr'i to go forward. I applied the brake and pulled at tho trolley-pole." After further cross-examination by Mr. Myers, the inouiry was adjourned till 10]3fl o'clock Ibis morning. Before the Court rose Mr. O'Shea said that there had been talk about the witness conversing with a corporation official during the lunch time; Counsel wanted to say I hat Mr. M'flillivrny, the , traffic manacroT, had given instructions tn Inspector Liai'det to see that the man was looked after et, lunch time. ,'nd , Linrdet had accordingly taken him to li:neh. Counsel had seemed to Hunk that there was sinister about i this, which imputation he (Mr. O'Shsa) relented. . Mr. Myers oxnlained_ that it was not i intended to convey a sinister impression > nlvmt the ■incident. i The Court then rose. i
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Dominion, Volume 13, Issue 94, 15 January 1920, Page 6
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3,929RUNAWAFTRAM Dominion, Volume 13, Issue 94, 15 January 1920, Page 6
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